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Progressive elected to Red State Supreme Court

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Photo by Evelyn Hockstein / Reuters
Photo by Evelyn Hockstein / Reuters

In a contest watched all over the country, a progressive candidate has easily won election to Wisconsin's Supreme Court, defeating her right-wing opponent by 11 percentage points.

Janet Protasiewicz, currently a judge on Milwaukee County's Circuit Court, easily defeated Dan Kelly, a Trump supporter who was involved in the plot to return fake electors from Wisconsin in the 2020 presidential election.

Protasiewicz campaigned on her support for abortion rights and her skepticism of the state's legislative maps, which Democrats charge are gerrymandered to favor Republican control of the state's legislature. Kelly refused to say how he would rule on abortion rights, but he was endorsed by several antiabortion organizations.

"Our state is taking a step forward to a better and brighter future, where our rights will be protected," the winner said at an election night event. "Today I'm proud to stand by the promise I've made to every Wisconsinite: that I will always deliver justice and bring common sense to our Supreme Court."

Protasiewicz was endorsed by the Democratic-leaning Emily's List, Hillary Clinton, former Attorney General Eric Holder, and several other prominent Democrats.

Democrats in the state, and nationally, described the race as the most important one in the country this year and focused their messaging on emphasizing abortion rights and fair elections.

The Milwaukee Journal Sentinel described the election results as "instantly reshaping politics in the Badger State by putting the state laws most celebrated by conservatives at risk of being overturned — including a 19th century-era ban on abortions."

Protasiewicz's win is seen as confirming a strategy adopted by the national Democratic Party last year to fend off an expected "red wave" in the House and keep control of the Senate. Her win suggests that the strategy continues to pay off for the party — a data point national Democrats will be all but certain to rely on heading into next year's presidential election.

This was Kelly's second loss in a campaign for the state Supreme Court. He was appointed to fill a vacancy on the high court by then-governor Scott Walker in 2016, and was subsequently defeated for reelection in 2020 — also losing then by 11 points.

His 2020 opponent, Jill Karofsky, said the result left her speechless. Karofksy attended Protasiewicz's election night party.

"I am so happy for the people. I am so happy for the state of Wisconsin," Karofsky said. "I think they spoke loudly. I think that the case Janet made for taking back our state, for the rights of the people, really resonated, and the people made it clear they do not want Dan Kelly." 

For his part, Kelly refused to call his opponent to concede the race, saying he respected the voters' decision but not her.

"I wish in a circumstance like this I would be able to concede to a worthy opponent. But I do not have a worthy opponent to which I can concede," Kelly told supporters at a campaign event, calling Protasiewicz a "serial liar." "I wish Wisconsin the best of luck, because I think it's going to need it."

He called Protasiewicz's campaign "dishonorable and despicable," and said he was concerned for the future of the state.